MHM Magazine

Issue 1 | 2025 | MENTAL HEALTH MATTERS | 23 MHM Dr: “The cancer has spread. I can’t give you what you want Mary, it’s murder. You’re confused, and the pain is making you irrational.” Mary: “It’s not murder, it’s mercy. I’m not confused.” Three days later, Mary was found dead. Lying in a pool of blood. The note said: I had no other choice… In South Africa, while suicide is legally permissible, individuals seeking to alleviate their suffering through medical assistance are not afforded the same right. The law currently classifies any medical assistance in dying as a form of homicide, encompassing offences such as murder, attempted murder, or culpable homicide. Consequently physicians are prohibited from administering lethal drugs or providing means for self- administration to patients who request a medically assisted death. Both physician-assisted suicide (PAS) and physician- administered euthanasia (PAE) are considered criminal acts under South African law. Globally, some jurisdictions have made significant strides in legalising medically assisted dying for patients who meet specific criteria. Key factors include terminal illness, a projected life expectancy of six months or less, intractable pain, and the patient's consistent and informed request for assistance. In these instances, mental health professionals are also enlisted to gauge competency, capacity and voluntariness, in an effort to confirm that a patient’s choice is not due to mala fides and coercion. In South Africa, the conversation about legalising euthanasia has gained momentum, with renewed litigation advocating for change. This evolving landscape necessitates a critical examination of the roles and responsibilities of healthcare professionals should the laws change to decriminalise assisted dying. At the heart of this discussion is the principle of informed consent, which hinges on autonomy, dignity, and voluntariness. Physicians must ensure that patients are fully informed about their healthcare options, including the associated risks and consequences. Patients should By Suhayfa Bhamjee (PhD) Senior Lecturer School of Law University of KwaZulu-Natal INFORMED CONSENT AND DECISION-MAKING CAPACITY IN THE DEBATE ON ASSISTED DYING – AUTONOMOUS AND DIGNITY AFFIRMING DECISION MAKING AND THE ROLE OF HEALTH CARE PROFESSIONS. MHM | 2025 | Volume 12 | Issue 1 | Informed consent and decision-making capacity in the debate on assisted dying – autonomous and dignity affirming decision making and the role of health care professions. MHM